Davis v. Smith

OPINION

TODD, Presiding Judge, Middle Section.

This is a suit under T.C.A. § 64-1101 et seq. (66-11-101 et seq.) to enforce a lien upon real estate for $5,734.75 for excavating and grading for the improvement of said real estate. The defense is that on January 15, 1979, at which time the improvement was “100% complete”, the defendant, Thomas E. Smith, IV, filed a notice of completion and that plaintiff failed to notify said defendant of his lien claim within ten (10) days after January 15, 1979. Other defendants are not involved in this appeal.

The Chancellor held that the improvement was not…